19/04/2019
After not having posted for time, a problem experienced previously, has reared it's ugly head again. I was recently hired to inspect an installation and to perform the necessary repairs and issue the COC. The main problems found, electrical work done by tenants. When a landlord does not keep an eye on his tenants and what they are up to, it can be very costly to the landlord.
The OHSACT, Act 85 of 1993, Electrical Installation Regulations, make it very clear that the owner of the installation is responsible for the safety, safe use and maintenance of the installation.
The installation which I inspected was in a very bad state and the stuff installed by the tenant was so far from being legal, it is truly scary.
Something which also bothers me, is the issuing of COC's.
The OHSACT is also very clear on this score; Firstly, a COC must be valid, Secondly, only a Registered Person may issue a COC, Thirdly, a COC must be issued for all installation work. Again referring to the OHSACT, it clearly defines installation work as: the installation, extension, modification, alteration and repair of an installation, also the connecting of machinery at the supply terminals of such machinery. This clearly means that for all electrical installation work, a COC must be issued. The ACT further states that: No person may connect or permit to be connected, to the supply, any installation or part thereof for which a Valid Certificate of Compliance has not been issued.
What does this mean, only that the owner, tenant and any other person involved or present at the time the installation or part thereof is connected to the supply, and no COC has been issued, under the ACT, they can all be charged and if found guilty, can be sentenced to jail time and will receive a criminal record.
Now we all know that under normal circumstances, nobody will ever know, but it is those abnormal circumstances that are our undoing. Something goes wrong, somebody is injured or worse is killed. A full investigation is then undertaking. One of the first things asked for is the COC. Should there be no COC, the owner / lessor is for the high jump, unless he can prove that all responsibility for the installation was passed to the tenant, in which case he is in the clear and the tenant is now in the dwang.
As can be seen from the above, it is a very bad idea doing electrical work yourself and it is advisable for landlords, in their lease agreements, to make the tenant responsible for the installation, but also to include in the lease agreement, that no alterations, extensions, modifications or repairs, may be done to the installation, without the landlords written consent and that whatever work is done on or to the installation, will have a valid COC issued for such work.
As always, be safe, hire the services of an ECA member, electrical contractor.